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Teaching and Learning Resource (TLR)
1. Title
Environmental Law: Developing Critical Perspectives
2. Keywords
Environmental law; legal decision-making; environmental philosophy; green politics; critical legal theory; moral consideration
3. Introduction
Environmental law can be described as a body of law that has evolved to regulate, or more often than not, manage the relationship we have with the environment. It is quickly emerging as the next Family Law or Employment Law in terms of subject-specific categories of legal doctrine. Key legislation such as the Environmental Protection Act 1990 and Environment Act 1995 illustrate a trend to regard the enhanced development of environmental law as a potential solution to western society’s environmental problems. Undoubtedly, some progress has been made by contemporary developments, but what is less clear is the direction and focus that environmental law as a discipline is taking. Despite the increase in environmental legislation and common law case decisions, there have been few attempts to critically explore the underlying theoretical foundations that influence law’s response and role in relation to environmental issues. Hughes has commented:
“Though there is a long history as to what is a recognisable body of environmental laws, much still remains to be done before there is a coherent body of environmental law. In particular, work is required to provide the subject with an adequate philosophical, juristic and doctrinal basis.” (Hughes: 1996, page 15)
In relation to the environment, law is essentially one aspect of an interdisciplinary topic necessitating philosophical, political, scientific and economic considerations.
This Teaching and Learning Resource (TLR) seeks to facilitate a critical examination of the relationship between environmental issues and environmental law, drawing upon a wide range of perspectives. It is intended for use with students studying environmental law within the context of programmes such as environmental science, environmental studies, geography or legal studies.
4. Aim
This TLR aims to help students develop a critical understanding of environmental law focusing, in particular, on:
5. Learning outcomes
Students who have engaged successfully with this TLR will:
6. Pre-requisites
The TLR is designed for use with students who already have a basic knowledge of environmental law, but does not assume or require any more specialist knowledge of the law. Some knowledge of environmental values/ethics and an ability to evaluate knowledge claims would also be an advantage. (See Section 13 - Links with other TLRs)
Where students’ prior knowledge of environmental law is limited, tutors might find the readings listed below useful - either as a basis for providing an introductory lecture, or to recommend as readings for private study.
Malcolm, R. (1994) Chapter 1 “The Concept of the Environment” A Guidebook to Environmental Law (London: Sweet & Maxwell)
Sunkin, M. (et.al.) (1998) Chapter 1 “Sources & Principles of Environmental Law” Sourcebook on Environmental Law (London: Cavendish Publishing)
Thornton, J. & Beckwith, S. (1997) Chapter 1 “The Nature of Environmental Law” Environmental Law (London: Sweet & Maxwell)
Wolf, S. & White, A. (1997) Chapter 1 “Elements of Environmental Law” Environmental Law: 2nd Edition (London: Cavendish Publishing)
7. How to use TLR
The TLR is designed to run during approximately three hours of class contact time. The scheme of the TLR is as follows:
i) Session One - Introduce the rationale, aims and learning outcomes of the TLR, and the way in which it will be used. Divide the class into groups of 4-5 students, allocate each member of the group one of the specified readings (see Section 9 - Stimulus Material) and give students a copy of the Briefing Sheet (attached). The remainder of the session should be used for discussion of any questions students might have concerning the TLR. (60 mins)
ii) Private Study - Each student should read their allocated reading and prepare a brief synopsis of its content. A series of handouts (one per reading) have been prepared (attached to the Briefing Sheet) to assist students in preparing their synopses.
iii) Session Two - Working in their groups: each member of the group should present the synopsis of their reading (3-5 mins per student). The group should then discuss the readings as a whole, with a view to reaching consensus on at least TWO criticisms of contemporary environmental law, and TWO possible perspectives that could be used to facilitate legal reforms. Each group should appoint a spokesperson to be responsible for reporting on the group’s deliberations. (60 mins)
iv) Session Three - Each spokesperson should report back to the whole class on the deliberations of her/his group (focusing on criticisms of, and reform of, environmental law). The remainder of the session should be used for a whole class discussion of issues arising out of the deliberations of the group reports. (60 mins)
Tutors may wish to write-up the key issues emanating from the debate to enable students to retain a record of them, or invite students to keep their own records.
The above instructions present a basic framework for implementation of the TLR. However, they can be adapted according to the dynamics and background of the group. The key Stimulus Materials are indicated below, but additional reading may be used to deepen the debate. Preparatory reading of the Stimulus Materials could facilitate time-savings and/or deeper levels of participation and debate.
8. Instructions to students
As directed by the tutor.
9. Stimulus Material
The TLR is based on eight extracts, which have been selected to provide diversity and choice. Not all need to be used, and they have not been listed in order of priority - although Extracts One and Two are strongly recommended. Extracts which are not used directly with the TLR can be recommended for preparatory and/or follow-up reading.
a) Chapter One. The Environment: Ecological and Ethical Dimensions by Karin Mickelsen & William Rees, in Environmental Law and Policy edited by E.L. Hughes, A.R. Lucas and W.A. Tilleman II (Canada: Emond Montgomery Publications, 1993) pages1-3, and 16-20. Extract 1: pages 1-3 provide a critique of western society in relation to environmental values. Extract 2: pages 16-20 examine the implications for the continued development of environmental law, particularly in relation to the integration of alternative perspectives drawn from environmental philosophy and ethics.
b) Chapter Two. Ethical Theory and the Environment by Joseph R. Des Jardins in Environmental Ethics (California: Wadsworth Publishing Company, 1993) pages 35-38. Extract 3 critically evaluates the impact of western conceptions of private property and the implications for environmental issues.
c) Perspectives for Environmental Law – Entering the Fourth Phase by Gerd Winter (1989) in Journal of Environmental Law Volume 1, Number 1, pages 42-47. Extract 4 explores several possible reforms for re-visioning the foundations of environmental law.
d) Should Trees Have Standing? – Towards Legal Rights for Natural Objects by Christopher Stone (1972) in Southern California Law Review Volume 45:450, pages 450-457. Extract 5 is a small extract from the seminal article by Christopher Stone, focusing upon the history of legal rights and their possible extension to non-human entities such as the environment.
e) [From] Staying Alive: Women, Ecology and Development by Vandana Shiva edited extract in Gruen & Jamieson Reflecting on Nature – Readings in Environmental Philosophy (New York: Oxford University Press, 1994) pages 35-36. Extract 6 is a very short extract, which introduces both a feminist perspective and challenge to western concepts of environmental value.
f) Expanding the Moral Environment by N. Low, and B. Gleeson in Justice, Society and Nature (London: Routledge, 1998) pages 137-141. Extract 7 examines various theories relating to the extension of moral consideration to non-human entities.
g) A New Agenda for Modern Environmental Law by Richard O. Brooks (1991) Journal of Environmental Law and Litigation Volume 6, pages 12-16. Extract 8 summarises the author’s suggestions for the development of an ecologically-oriented environmental law.
10. Degree stage
The TLR has not been developed with a specific degree stage in mind, although given the nature of the exercise and the Pre-requisites, it is probably most appropriate for use with Years 2 and 3. The TLR could also - perhaps after some modification - be used with postgraduate students.
11. Resource requirements
The TLR has no special resource requirements.
12. Preparation
See Section 6 (Pre-Requisites) and Section 7 (How to use the TLR).
13. Links with other TLRs
The aims and/or learning outcomes of this TLR are related to those of other TLRs listed in the following 'thematic cluster':
14. Follow-up activities
See Section 13 above.
15. Recommended reading
Bell, S. Ball & Bell on Environmental Law (London: Blackstone Press Limited, 4th edition, 1997)
Holder, J. (editor) The Impact of EC Environmental Law in the United Kingdom (Chichester: John Wiley & Sons, 1997)
Hughes, D. Environmental Law (London: Butterworths, 3rd Edition, 1996)
Leeson, J.D. Environmental Law (London: Pitman Publishing, 1995)
Lomas, O. (editor) Frontiers of Environmental Law (London: Chancery Law Publishing, 1992)
Malcolm, R. A Guidebook to Environmental Law (London: Sweet & Maxwell, 1994)
Somsen, H. (editor) Protecting the European Environment: Enforcing EC Environmental Law (London: Blackstone Press Limited, 1996)
Sunkin, M. (et.al.) Sourcebook on Environmental Law (London: Cavendish Publishing, 1998)
Thornton, J. & Beckwith, S. Environmental Law (London: Sweet & Maxwell, 1997)
Wolf, S. & White, A. Environmental Law: 2nd Edition (London: Cavendish Publishing, 1998)
Sweet & Maxwell Encyclopaedia of Environmental Law
ECOS (Journal of the British Association of Nature Conservationists)
Environmental Ethics
Environmental Law Monthly
Environmental Values
Journal of Environmental Law
Chappell, T.D.J. (editor) The Philosophy of the Environment (Edinburgh: Edinburgh University Press, 1997)
Des Jardins, J.R. Environmental Ethics (California: Wadsworth Publishing Company, 1993)
Dobson, A. & Lucardie, P. (editors) The Politics of Nature: Explorations in Green Political Theory (London: Routledge, 1993)
Gruen, L. & Jamieson, D. Reflecting on Nature – Readings in Environmental Philosophy (New York: Oxford University Press, 1994)
Low, N. & Gleeson, B. Justice, Society and Nature – an exploration of political ecology (London: Routledge, 1998)
Mellor, M. Feminism & Ecology (Cambridge: Polity Press, 1997)
Simmons, I.G. Interpreting Nature: Cultural Constructions of the Environment (London: Routledge, 1993)
Regan, T. The Case for Animal Rights (Berkeley: University of California Press, 1983)
Singer, P. (editor) In Defence of Animals (Oxford: Basil Blackwell, 1985)
Singer, P. Practical Ethics (Cambridge: Cambridge University Press, 1979)
Wall, D. Green History: a reader in environmental literature, philosophy and politics (London: Routledge, 1994)
Warren, K. (editor) Ecological Feminism (London: Routledge, 1994)
Introduction
Environmental law can be described as a body of law that has evolved to regulate, or more often than not, manage the relationship we have with the environment. It is quickly emerging as the next Family Law or Employment Law in terms of subject-specific categories of legal doctrine. Key legislation such as the Environmental Protection Act 1990 and Environment Act 1995 illustrate a trend to regard the enhanced development of environmental law as a potential solution to western society’s environmental problems. Undoubtedly, some progress has been made by contemporary developments, but what is less clear is the direction and focus that environmental law as a discipline is taking. Despite the increase in environmental legislation and common law case decisions, there have been few attempts to critically explore the underlying theoretical foundations that influence law’s response and role in relation to environmental issues. Hughes has commented:
Though there is a long history as to what is a recognisable body of environmental laws, much still remains to be done before there is a coherent body of environmental law. In particular, work is required to provide the subject with an adequate philosophical, juristic and doctrinal basis. (Hughes, D. (1996) Environmental Law (London: Butterworths) page 15)
Aims
The aim of this Teaching and Learning Resource (TRL) is to help students develop a critical understanding of environmental law focusing, in particular, on:
Learning Outcomes
Students who have engaged successfully with this TLR will:
Stimulus Material
The TLR will involve analysis of some or all of the following on eight extracts, which have been selected to provide diversity and choice. Attached to each extract (see below) are a number of discussion points intended to assist students in producing their synopses.
Environmental Law: Developing Critical Perspectives
Extract from Chapter One. The Environment: Ecological and Ethical Dimensions by Karin Mickelsen & William Rees, in Environmental Law and Policy edited by E.L. Hughes, A.R. Lucas and W.A. Tilleman II (Canada: Emond Montgomery Publications, 1993) pages1-3.
In your synopsis of this extract, you should provide a brief account of the following, and comment (giving reasons) on the extent to which you find the authors’ views plausible.
Environmental Law: Developing Critical Perspectives
Extract from Chapter One. The Environment: Ecological and Ethical Dimensions by Karin Mickelsen & William Rees, in Environmental Law and Policy edited by E.L. Hughes, A.R. Lucas and W.A. Tilleman II (Canada: Emond Montgomery Publications, 1993) pages 16-20.
In your synopsis of this extract, you should provide a brief account of the following, and comment (giving reasons) on the extent to which you find the authors’ views plausible.
Environmental Law: Developing Critical Perspectives
Extract from Chapter Two. Ethical Theory and the Environment by Joseph R. Des Jardins in Environmental Ethics (California: Wadsworth Publishing Company, 1993) pages 35-38.
In your synopsis of this extract, you should provide a brief account of the following, and comment (giving reasons) on the extent to which you find the author’s views plausible.
Environmental Law: Developing Critical Perspectives
Extract from Perspectives for Environmental Law – Entering the Fourth Phase by Gerd Winter (1989) in Journal of Environmental Law Volume 1, Number 1, pages 42-47.
In your synopsis of this extract, you should provide a brief account of the following, and comment (giving reasons) on the extent to which you find the author’s views plausible.
Environmental Law: Developing Critical Perspectives
Extract from Should Trees Have Standing? – Towards Legal Rights for Natural Objects by Christopher Stone (1972) in Southern California Law Review Volume 45:450, pages 450-457.
In your synopsis of this extract, you should provide a brief account of the following, and comment (giving reasons) on the extent to which you find the author’s views plausible.
Environmental Law: Developing Critical Perspectives
Extract from [From] Staying Alive: Women, Ecology and Development by Vandana Shiva edited extract in Gruen & Jamieson Reflecting on Nature – Readings in Environmental Philosophy (New York: Oxford University Press, 1994) pages 35-36.
In your synopsis of this extract, you should provide a brief account of the following, and comment (giving reasons) on the extent to which you find the author’s views plausible.
Environmental Law: Developing Critical Perspectives
Extract from Expanding the Moral Environment by N. Low, and B. Gleeson in Justice, Society and Nature (London: Routledge, 1998) pages 137-141.
In your synopsis of this extract, you should provide a brief account of the following, and comment (giving reasons) on the extent to which you find the authors’ views plausible.
Environmental Law: Developing Critical Perspectives
Extract from A New Agenda for Modern Environmental Law by Richard O. Brooks (1991) in Journal of Environmental Law and Litigation Volume 6, pages 12-16.
In your synopsis of this extract, you should provide a brief account of the following, and comment (giving reasons) on the extent to which you find the author’s views plausible.